News & Analysis as of

Summary Judgment Equal Pay Act

Jackson Lewis P.C.

Women’s National Soccer Team Collective Action Against USSF: Settlement, In Part

Jackson Lewis P.C. on

A lawsuit brought by female professional soccer players against the United States Soccer Federation (USSF) may be settled, partly. In 2019, female professional soccer players on the United States Senior Women’s National...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Seventh Circuit Decision May Portend Increase in Equal Pay Act Claims for Illinois, Indiana, and Wisconsin Employers

On January 5, 2021, the U.S. Court of Appeals for the Seventh Circuit issued a decision in Kellogg v. Ball State University that expanded the scope of potential evidence plaintiffs may rely on to support their Equal Pay Act...more

Littler

Ninth Circuit Reaffirms Only Job-Related Factors Will Excuse Pay Disparity Under Federal EPA, Prior Salary Not Job-Related

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On February 27, 2020, the Ninth Circuit issued a long-anticipated decision in Rizo v. Yovino. Consistent with the Ninth Circuit’s original opinion issued in 2018, which was vacated on procedural grounds by the United States...more

Orrick - Equal Pay Pulse

No Equal Work Required: Second Circuit Rejects Strict Application of EPA Standard to Title VII Claim

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The Second Circuit ruled this month in Lenzi v. Systemax, Inc. that “Title VII does not require a showing of unequal pay for equal work.” Drawing a line between the Equal Pay Act (“EPA”) and Title VII, the court held that...more

Payne & Fears

Key California Employment Law Cases: November 2018

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This month’s key employment law cases address nonsolicitation provisions and arbitration agreements. AMN Healthcare, Inc. v. Aya Healthcare Servs., Inc., 28 Cal. App. 5th 923, 239 Cal. Rptr. 3d 577 (2018) Summary:...more

Seyfarth Shaw LLP

How Narrow Is A Discrimination Plaintiff’s Road To Trial In The Eleventh Circuit?

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Seyfarth Synopsis: Although an employee can prove discrimination by showing that an employer’s reasons for adverse action are pretextual, the Eleventh Circuit finds that an employee must do more than merely contest the...more

Bradley Arant Boult Cummings LLP

Tender Me This: Sixth Circuit Holds Employees Don’t Have to Give Severance Money Back before Filing Title VII or EPA Lawsuit

In a decision that could have employers rethinking how they offer employees a severance agreement, in McClellan v. Midwest Machining, Inc. the Sixth Circuit held that former employees seeking to void severance agreements do...more

Payne & Fears

Key California Employment Law Cases: April 2018

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This month’s key California employment law cases are two decisions from the Ninth Circuit Court of Appeals. Chavez v. JPMorgan Chase & Co., 888 F.3d 413 (9th Cir. 2018) - Summary: Amount in controversy for federal...more

Rumberger | Kirk

Eleventh Circuit Reiterates Employers' Heavy Burden Under Equal Pay Act

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The Eleventh Circuit’s holding in Bowen v. Manheim Remarketing, Inc., 882 F.3d 1358 (11th Cir. 2018) reiterates an employer’s heavy burden to establish an affirmative defense in order to win summary judgment in cases alleging...more

Bradley Arant Boult Cummings LLP

Pay the Man! (Or Woman)—But Differently? 11th Circuit Reinstates Sex Discrimination Pay Claim

When you promote someone into a position, do you have to pay him what you paid his predecessor? As with so many things – it depends. Can you pay less if the promotee has less experience and a lower prior salary than the...more

Burr & Forman

Equal Pay Act case gets new life

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In 2-1 decision by a three-judge panel, the U.S. 4th Circuit Court of Appeals (whose rulings apply to all South Carolina employers) reversed a decision to grant summary judgment—meaning the trial court had found there was no...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Fourth Circuit Revives Equal Pay Act Claim, Imposes Tougher Summary Judgment Standard

In U.S. Equal Employment Opportunity Commission v. Maryland Insurance Administration, No. 16-2408 (January 5, 2018), the Fourth Circuit Court of Appeals addressed the application of the summary judgment standard to a claim...more

Fisher Phillips

Pay Equity Litigation – Even winning can be expensive!

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The Third Circuit’s affirmation of summary judgment in a pay equity case after ten years of litigation shows that even non-meritorious claims can be time-consuming and costly. As many who have been involved in lawsuits know,...more

Seyfarth Shaw LLP

Court Rejects EEOC’s EPA Lawsuit Theory

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Seyfarth Synopsis: The EEOC sued an employer for Equal Pay Act violations, claiming that Maryland Insurance Administration failed to pay three female fraud investigators the same wages as comparable male fraud investigators....more

McAfee & Taft

‘More’ does not equal ‘different’ when job duties are comparable under the Equal Pay Act

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It has long been thought that the Equal Pay Act (EPA) does not apply if the male and female employees being compared for purposes of establishing pay disparities spend significant amounts of time on different job duties, even...more

Benesch

Sixth Circuit Affirms Summary Judgment Dismissing Plaintiff’s Wage Discrimination Claims

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The Sixth Circuit recently upheld a district court’s grant of summary judgment dismissing a female plaintiff’s wage discrimination claims under the Equal Pay Act (“EPA”), Title VII, and Michigan’s Elliot-Larsen Civil Rights...more

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